Also known as:actes de naissance · birth certificate · birth act
Written by attorneys · grounded in primary & secondary sources — see below
An official record of a person's birth issued by a governmental authority. The document records the date and place of birth along with parental information and serves as presumptive proof of parentage when the named individuals satisfy statutory criteria such as marriage to the birth mother at the time of birth.
Sources & Authorities
How it applies
Common Examples
6
Marital Presumption via Certificate
Abigail Alvarez gave birth to a child while married to Alan Ackerman in State A. The state agency issued an acte de naissance naming Alan as father. Because the child was born during the marriage, the certificate triggers the statutory presumption that Alan is the child's legal parent.
Biological Father Challenges Certificate
Amber Alonzo's acte de naissance listed her husband as father. Michael H. later sought to establish his own paternity through genetic testing. The court applied the marital presumption reflected in the certificate and required Michael to overcome it through formal adjudication.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Dictionaries
Michael H. v. Gerald D.491 U.S. 110 (1989)
Putative Father Seeks Notice
Antonio Alvarado was not named on the child's acte de naissance. He had never registered with the putative father registry. The court held that the absence of his name on the certificate meant he received no notice of the adoption proceeding.
Lehr v. Robertson et al.463 U.S. 248 (1983)
Unwed Father Consent Requirement
Alice Atkins and Andre Antoine lived together and both appeared on the child's acte de naissance. When Alice later sought to place the child for adoption with her new spouse, the court required Andre's consent because the certificate evidenced his established parental role.
Caban v. Mohammed441 U.S. 380 (1979)
Illegitimate Child Inheritance Claim
Ashford Manufacturing's founder died intestate. His acte de naissance had listed no father. The court denied the child's inheritance claim because the certificate provided no presumption of paternity under state law.
Labine v. Vincent401 U.S. 532 (1971)
Stepfather Adoption over Objection
Alliance Holdings employee Preston's acte de naissance named his biological father. After the mother remarried, the stepfather petitioned to adopt. The court upheld the adoption because the biological father's certificate-based rights had not been exercised through consistent involvement.
Quilloin v. Walcott434 U.S. 246, 255 (1978)
Common questions
Frequently Asked
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How does an acte de naissance create a presumption of parentage?+
The document names the individuals present at birth and records whether the child was born during a marriage. Under the Uniform Parentage Act, that naming satisfies the marital presumption when the certificate is issued by the state agency maintaining birth records.
Supporting sources
Can a court change the name on an acte de naissance?+
Yes. On request of a party and for good cause, a court may order the name changed and direct the state agency to issue an amended certificate that varies from the original.
Supporting sources
Does an acte de naissance remain admissible even if it contains medical details beyond basic birth facts?+
Yes. The hearsay exception for vital records applies to the entire official report transmitted under legal duty, including observed genetic anomalies noted at delivery.
Supporting sources
463 U.S. 248 (1983)Family Law
…out of wedlock — those who have been adjudicated to be the father, those who have been identified as the father on the child's birth certificate, those who live openly with the child and the child's mother and who hold themselves out to be the father, those who have been identified as the father by the mother in a sworn written…